Florida Senate - 2013 CS for CS for CS for SB 112
By the Committees on Rules; Criminal Justice; and Judiciary; and
Senator Dean
595-03405-13 2013112c3
1 A bill to be entitled
2 An act relating to filing false documents against real
3 or personal property; creating s. 817.535, F.S.;
4 defining terms; prohibiting a person from filing or
5 causing to be filed, with intent to defraud or harass
6 another, a document relating to the ownership,
7 transfer, or encumbrance of, or claim against, real or
8 personal property, or any interest in real or personal
9 property; providing criminal penalties; establishing
10 reclassified penalties for persons who commit the
11 specified offenses a second or subsequent time when
12 the person is a convicted offender who commits the
13 specified offenses while incarcerated in a jail or
14 participating in a community correctional program and
15 when the victim of the offense is a public officer or
16 employee or incurs financial losses under certain
17 circumstances; authorizing the court to issue an
18 injunction; authorizing a court to seal specified
19 public or private records under certain circumstances;
20 providing that the subject of the false statements has
21 a civil cause of action against the perpetrator;
22 providing for actual and punitive damages; providing
23 that the prevailing party is entitled to costs and
24 reasonable attorney fees; providing duties of the
25 custodian of the official record; providing
26 applicability; requiring that attorney fees be paid to
27 the government agency that provides legal
28 representation under certain circumstances; amending
29 s. 843.0855, F.S.; revising definitions; defining the
30 term “public officer or employee”; revising criminal
31 penalties for criminal actions under color of law or
32 through use of simulated legal process; providing
33 legislative intent; amending s. 921.0022, F.S.;
34 revising provisions of the offense severity ranking
35 chart of the Criminal Punishment Code to conform to
36 changes made by the act; providing severability;
37 providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 817.535, Florida Statutes, is created to
42 read:
43 817.535 Unlawful filing of false documents or records
44 against real or personal property.—
45 (1) As used in this section, the term:
46 (a) “File” means to present an instrument for recording in
47 an official record or to cause an instrument to be presented for
48 recording in an official record.
49 (b) “Filer” means the person who presents an instrument for
50 recording in an official record, or causes an instrument to be
51 presented for recording in an official record.
52 (c) “Instrument” means any judgment, mortgage, assignment,
53 pledge, lien, financing statement, encumbrance, deed, lease,
54 bill of sale, agreement, mortgage, notice of claim of lien,
55 notice of levy, promissory note, mortgage note, release, partial
56 release or satisfaction of any of the foregoing, or any other
57 document that relates to or attempts to restrict the ownership,
58 transfer, or encumbrance of or claim against real or personal
59 property, or any interest in real or personal property.
60 (d) “Official record” means the series of instruments,
61 regardless of how they are maintained, which a clerk of the
62 circuit court, or any person or entity designated by general
63 law, special law, or county charter, is required or authorized
64 by law to record. The term also includes a series of instruments
65 pertaining to the Uniform Commercial Code filed with the
66 Secretary of State or with any entity under contract with the
67 Secretary of State to maintain Uniform Commercial Code records
68 and a database of judgment liens maintained by the Secretary of
69 State.
70 (e) “Public officer or employee” means, but is not limited
71 to:
72 1. A person elected or appointed to a local, state, or
73 federal office, including any person serving on an advisory
74 body, board, commission, committee, council, or authority.
75 2. An employee of a state, county, municipal, political
76 subdivision, school district, educational institution, or
77 special district agency or entity, including judges, attorneys,
78 law enforcement officers, deputy clerks of court, and marshals.
79 3. A state or federal executive, legislative, or judicial
80 officer, employee, or volunteer authorized to perform actions or
81 services for any state or federal executive, legislative, or
82 judicial office, or agency.
83 4. A person who acts as a general or special magistrate,
84 auditor, arbitrator, umpire, referee, hearing officer, or
85 consultant to any state or local governmental entity.
86 5. A person who is a candidate for public office or
87 judicial position.
88 (2)(a) A person who files or directs a filer to file, with
89 the intent to defraud or harass another, any instrument
90 containing a materially false, fictitious, or fraudulent
91 statement or representation that purports to affect an owner’s
92 interest in the property described in the instrument commits a
93 felony of the third degree, punishable as provided in s.
94 775.082, s. 775.083, or s. 775.084.
95 (b) A person who violates paragraph (a) a second or
96 subsequent time commits a felony of the second degree,
97 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
98 (3) If a person is convicted of violating subsection (2)
99 and the owner of the property subject to the false instrument is
100 a public officer or employee, the offense shall be reclassified
101 as follows:
102 (a) In the case of a felony of the third degree, to a
103 felony of the second degree, punishable as provided in s.
104 775.082, s. 775.083, or s. 775.084.
105 (b) In the case of a felony of the second degree, to a
106 felony of the first degree, punishable as provided in s.
107 775.082, s. 775.083, or s. 775.084.
108 (4)(a) If a person is convicted of violating subsection (2)
109 and the person committed the offense while incarcerated in a
110 jail or correctional institution or while participating in a
111 pretrial diversion program under any form of pretrial release or
112 bond, on probation or parole, or under any postrelease
113 supervision, the offense shall be reclassified as follows:
114 1. In the case of a felony of the third degree, to a felony
115 of the second degree, punishable as provided in s. 775.082, s.
116 775.083, or s. 775.084.
117 2. In the case of a felony of the second degree, to a
118 felony of the first degree, punishable as provided in s.
119 775.082, s. 775.083, or s. 775.084.
120 (b) If a person’s offense has been reclassified pursuant to
121 this subsection, the sentencing court shall issue a written
122 finding that the offense occurred while incarcerated in a jail
123 or correctional institution and direct that a copy of the
124 written finding and judgment of conviction be forwarded to the
125 appropriate state institution or county facility for
126 consideration of disciplinary action and forfeiture of all gain
127 time or any early release credits accumulated up to the date of
128 the violation.
129 (5) If the person is convicted of violating subsection (2)
130 and the owner of the property covered by the false instrument
131 incurs financial loss as a result of the instrument being
132 recorded in the official record, including costs and attorney
133 fees incurred in correcting, sealing, or removing the false
134 instrument from the official record as described herein, the
135 offense shall be reclassified as follows:
136 (a) In the case of a felony of the third degree, to a
137 felony of the second degree, punishable as provided in s.
138 775.082, s. 775.083, or s. 775.084.
139 (b) In the case of a felony of the second degree, to a
140 felony of the first degree, punishable as provided in s.
141 775.082, s. 775.083, or s. 775.084.
142 (6) A person who fraudulently records a claim of lien in
143 the official records pursuant to part I of chapter 713 is
144 subject to the fraud provisions of s. 713.31 and not this
145 section.
146 (7) If a person is convicted of violating this section, the
147 sentencing court shall issue an order declaring the instrument
148 forming the basis of the conviction null and void and may enjoin
149 the person from filing any instrument in an official record
150 absent prior review and approval for filing by a circuit or
151 county court judge. The sentencing court may also order the
152 instrument forming the basis of the conviction sealed from the
153 official record and removed from any applicable electronic
154 database used for recording instruments in the official record.
155 (8)(a) Any person adversely affected by an instrument filed
156 in the official record which contains a materially false,
157 fictitious, or fraudulent statement or representation has a
158 civil cause of action under this section without regard to
159 whether criminal charges are pursued under subsection (2). A
160 notice of lis pendens in accord with s. 48.23 shall be filed
161 which specifically describes the instrument under challenge and
162 the real or personal property affected by the instrument.
163 (b) Upon a finding that the instrument contains a
164 materially false, fictitious, or fraudulent statement or
165 representation such that the instrument does not establish a
166 legitimate property or lien interest in favor of another person:
167 1. The court shall determine whether the entire instrument
168 or certain parts thereof are null and void ab initio. If the
169 court finds the instrument void in its entirety, it may order
170 the instrument sealed from the official record and removed from
171 any electronic database used for indexing or locating
172 instruments in the official record. The court may also,
173 permanently or for a period of time, enjoin the defendant who
174 filed the instrument or who directed the filer to file the
175 instrument from filing or directing a person to file an
176 instrument in the official records without prior review and
177 approval for filing by a circuit or county court judge, provided
178 that as to third parties who may have given value for an
179 interest described or granted by any instrument filed in
180 violation of the injunction, the instrument shall be deemed
181 validly filed and provides constructive notice, notwithstanding
182 any failure to comply with the terms of the injunction.
183 2. Upon a finding of intent to defraud or harass, the court
184 or jury shall award actual damages and punitive damages, subject
185 to the criteria in s. 768.72, to the person adversely affected
186 by the instrument. The court may also levy a civil penalty of
187 $2,500 for each instrument determined to be in violation of
188 subsection (2).
189 3. The court may grant such other relief or remedy that the
190 court determines is just and proper within its sound judicial
191 discretion.
192 (c) The prevailing party in such a suit is entitled to
193 recover costs and reasonable attorney fees.
194 (d) The custodian of any official record shall, upon
195 payment of appropriate fees, provide a certified copy of the
196 sealed instrument to the party seeking relief under this section
197 for use in subsequent court proceedings; in addressing or
198 correcting adverse effects upon the person’s credit or property
199 rights, or reporting the matter for investigation and
200 prosecution; or in response to a subpoena seeking the instrument
201 for criminal investigative or prosecution purposes.
202 (e) Upon request, the custodian of any official record
203 shall, upon payment of appropriate fees, provide a certified
204 copy of the sealed instrument to any federal, state, or local
205 law enforcement agency.
206 (f) If feasible, the custodian of the official record where
207 the instrument is recorded shall record any court order finding
208 that the instrument is null and void in its entirety or in
209 certain parts thereof.
210 (g) An instrument removed from an electronic database used
211 for recording instruments in the public record pursuant to this
212 section shall be maintained in a manner in which the instrument
213 can be reduced to paper form.
214 (9) A government agency may provide legal representation to
215 a public officer or employee if the instrument at issue appears
216 to have been filed to defraud or harass the public officer or
217 employee in his or her official capacity. If the public officer
218 or employee is the prevailing party, the award of reasonable
219 attorney fees shall be paid to the government agency that
220 provided the legal representation.
221 (10) This section does not apply to the procedures for
222 sealing or expunging criminal history records as provided in
223 chapter 943.
224 Section 2. Section 843.0855, Florida Statutes, is amended
225 to read:
226 843.0855 Criminal actions under color of law or through use
227 of simulated legal process.—
228 (1) As used in this section:
229 (a) The term “legal process” means a document or order
230 issued by a court or filed or recorded with an official court of
231 this state or the United States or with any official
232 governmental entity of this state or the United States for the
233 purpose of exercising jurisdiction or representing a claim
234 against a person or property, or for the purpose of directing a
235 person to appear before a court or tribunal, or to perform or
236 refrain from performing a specified act. “Legal process”
237 includes, but is not limited to, a summons, lien, complaint,
238 warrant, injunction, writ, notice, pleading, subpoena, or order.
239 (b) The term “person” means an individual, public or
240 private group incorporated or otherwise, legitimate or
241 illegitimate legal tribunal or entity, informal organization,
242 official or unofficial agency or body, or any assemblage of
243 individuals.
244 (c) The term “public officer or employee” has the same
245 meaning as provided in s. 817.535 means a public officer as
246 defined by s. 112.061.
247 (d) The term “public employee” means a public employee as
248 defined by s. 112.061.
249 (2) A Any person who deliberately impersonates or falsely
250 acts as a public officer or employee tribunal, public employee
251 or utility employee, including, but not limited to, marshals,
252 judges, prosecutors, sheriffs, deputies, court personnel, or any
253 law enforcement authority in connection with or relating to any
254 legal process affecting persons and property, or otherwise takes
255 any action under color of law against persons or property,
256 commits a felony of the third degree, punishable as provided in
257 s. 775.082, or s. 775.083, or s. 775.084. It is the intent of
258 the Legislature that this section applies if a person acts as an
259 officer or employee purporting to supersede or override any
260 legislation or statute of this state, or to supersede or
261 override any action of any court of this state.
262 (3) A Any person who simulates legal process, including,
263 but not limited to, actions affecting title to real estate or
264 personal property, indictments, subpoenas, warrants,
265 injunctions, liens, orders, judgments, or any legal documents or
266 proceedings, knowing or having reason to know the contents of
267 any such documents or proceedings or the basis for any action to
268 be fraudulent, commits a felony of the third degree, punishable
269 as provided in s. 775.082, or s. 775.083, or s. 775.084.
270 (4) A Any person who falsely under color of law attempts in
271 any way to influence, intimidate, harass, retaliate against, or
272 hinder a public officer or employee involving law enforcement
273 officer in the discharge of his or her official duties by means
274 of, but not limited to, threats of or actual physical abuse or
275 harassment, or through the use of simulated legal process,
276 commits a felony of the third degree, punishable as provided in
277 s. 775.082, or s. 775.083, or s. 775.084.
278 (5)(a) Nothing in This section does not shall make unlawful
279 any act of any law enforcement officer or legal tribunal which
280 is performed under lawful authority.
281 (b) Nothing in This section does not shall prohibit
282 individuals from assembling freely to express opinions or
283 designate group affiliation or association.
284 (c) Nothing in This section does not shall prohibit or in
285 any way limit a person’s lawful and legitimate access to the
286 courts or prevent a person from instituting or responding to
287 legitimate and lawful legal process.
288 Section 3. Paragraphs (g), (h), and (i) of subsection (3)
289 of section 921.0022, Florida Statutes, are amended to read:
290 921.0022 Criminal Punishment Code; offense severity ranking
291 chart.—
292 (3) OFFENSE SEVERITY RANKING CHART
293 (g) LEVEL 7
294 FloridaStatute FelonyDegree Description
295 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
296 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
297 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
298 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
299 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
300 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
301 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
302 456.065(2) 3rd Practicing a health care profession without a license.
303 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
304 458.327(1) 3rd Practicing medicine without a license.
305 459.013(1) 3rd Practicing osteopathic medicine without a license.
306 460.411(1) 3rd Practicing chiropractic medicine without a license.
307 461.012(1) 3rd Practicing podiatric medicine without a license.
308 462.17 3rd Practicing naturopathy without a license.
309 463.015(1) 3rd Practicing optometry without a license.
310 464.016(1) 3rd Practicing nursing without a license.
311 465.015(2) 3rd Practicing pharmacy without a license.
312 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
313 467.201 3rd Practicing midwifery without a license.
314 468.366 3rd Delivering respiratory care services without a license.
315 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
316 483.901(9) 3rd Practicing medical physics without a license.
317 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
318 484.053 3rd Dispensing hearing aids without a license.
319 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
320 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
321 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
322 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
323 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
324 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
325 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
326 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
327 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
328 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
329 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
330 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
331 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
332 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
333 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
334 784.048(7) 3rd Aggravated stalking; violation of court order.
335 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
336 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
337 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
338 784.081(1) 1st Aggravated battery on specified official or employee.
339 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
340 784.083(1) 1st Aggravated battery on code inspector.
341 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
342 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
343 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
344 790.16(1) 1st Discharge of a machine gun under specified circumstances.
345 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
346 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
347 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
348 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
349 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
350 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
351 796.03 2nd Procuring any person under 16 years for prostitution.
352 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
353 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
354 806.01(2) 2nd Maliciously damage structure by fire or explosive.
355 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
356 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
357 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
358 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
359 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
360 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
361 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
362 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
363 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
364 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
365 812.131(2)(a) 2nd Robbery by sudden snatching.
366 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
367 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
368 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
369 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
370 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
371 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
372 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
373 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
374 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
375 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
376 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
377 838.015 2nd Bribery.
378 838.016 2nd Unlawful compensation or reward for official behavior.
379 838.021(3)(a) 2nd Unlawful harm to a public servant.
380 838.22 2nd Bid tampering.
381 843.0855(2) 3rd Impersonation of a public officer or employee.
382 843.0855(3) 3rd Unlawful simulation of legal process.
383 843.0855(4) 3rd Intimidation of a public officer or employee.
384 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
385 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
386 872.06 2nd Abuse of a dead human body.
387 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
388 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
389 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
390 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
391 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
392 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
393 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
394 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
395 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
396 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
397 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
398 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
399 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
400 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
401 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
402 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
403 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
404 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
405 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
406 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
407 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
408 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
409 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
410 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
411 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
412 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
413 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
414 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
415 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
416 (h) LEVEL 8
417 FloridaStatute FelonyDegree Description
418 316.193 (3)(c)3.a. 2nd DUI manslaughter.
419 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
420 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
421 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
422 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
423 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
424 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
425 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
426 777.03(2)(a) 1st Accessory after the fact, capital felony.
427 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
428 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
429 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
430 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
431 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
432 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
433 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
434 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
435 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
436 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
437 800.04(4) 2nd Lewd or lascivious battery.
438 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
439 810.02(2)(a) 1st,PBL Burglary with assault or battery.
440 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
441 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
442 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
443 812.13(2)(b) 1st Robbery with a weapon.
444 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
445 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
446 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
447 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
448 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
449 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
450 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
451 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
452 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
453 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
454 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
455 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
456 860.16 1st Aircraft piracy.
457 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
458 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
459 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
460 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
461 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
462 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
463 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
464 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
465 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
466 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
467 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
468 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
469 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
470 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
471 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
472 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
473 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
474 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
475 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
476
477 (i) LEVEL 9
478 FloridaStatute FelonyDegree Description
479 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
480 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
481 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
482 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
483 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
484 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
485 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
486 775.0844 1st Aggravated white collar crime.
487 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
488 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
489 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
490 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
491 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
492 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
493 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
494 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
495 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
496 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
497 787.06(4) 1st Selling or buying of minors into human trafficking.
498 790.161 1st Attempted capital destructive device offense.
499 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
500 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
501 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
502 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
503 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
504 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
505 796.035 1st Selling or buying of minors into prostitution.
506 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
507 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
508 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
509 812.135(2)(b) 1st Home-invasion robbery with weapon.
510 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
511 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
512 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
513 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
514 827.03(2)(a) 1st Aggravated child abuse.
515 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
516 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
517 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
518 893.135 1st Attempted capital trafficking offense.
519 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
520 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
521 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
522 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
523 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
524 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
525 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
526 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
527 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
528 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
529 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
530 Section 4. If any section, subsection, sentence, clause,
531 phrase, or word of this act is for any reason held or declared
532 to be unconstitutional, illegal, invalid, inoperative,
533 ineffective, inapplicable, or void, such invalidity or
534 unconstitutionality shall not affect the portions of this act
535 not so held to be unconstitutional, illegal, invalid,
536 inoperative, ineffective, inapplicable, or void, or affect the
537 application of this act to other circumstances not so held to be
538 invalid, it being the express legislative intent that any such
539 unconstitutional, illegal, invalid, inoperative, ineffective,
540 inapplicable, or void portion or portions of this act did not
541 induce its passage, and that without the inclusion of any such
542 unconstitutional, illegal, invalid, inoperative, ineffective,
543 inapplicable, or void portions of this act, the Legislature
544 would have enacted the valid and constitutional portions
545 thereof.
546 Section 5. This act shall take effect October 1, 2013.